ADVICE: EARLY TERMINATIO
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ADVICE: EARLY TERMINATIO (by GKarl [PA]) Aug 7, 2014 4:07 PM
       ADVICE: EARLY TERMINATIO (by BillS [CO]) Aug 7, 2014 5:25 PM
       ADVICE: EARLY TERMINATIO (by GKARL [PA]) Aug 7, 2014 6:08 PM
       ADVICE: EARLY TERMINATIO (by Suzanne [NV]) Aug 7, 2014 7:25 PM
       ADVICE: EARLY TERMINATIO (by GKARL [PA]) Aug 7, 2014 8:02 PM
       ADVICE: EARLY TERMINATIO (by Barb [MO]) Aug 7, 2014 8:54 PM
       ADVICE: EARLY TERMINATIO (by Vee [OH]) Aug 8, 2014 6:08 AM
       ADVICE: EARLY TERMINATIO (by BRAD 20,000 [IN]) Aug 8, 2014 11:40 AM


ADVICE: EARLY TERMINATIO (by GKarl [PA]) Posted on: Aug 7, 2014 4:07 PM
Message:

State Specific Question About: PENNSYLVANIA (PA)

Here's the situation: Tenant has always paid rent on time and has taken good care of the apartment. Only issue was the moving in of a "therapy dog" without my knowledge. Her lease is up in mid-October but she wants to leave the end of August in time for school. If she's not going to renew, my own preference is that she leave at the end of August so I have two months to find another tenant prior to winter. She's inquiring about the SD and the lease provides that she has to finish the lease to be eligible to get it back. Also, I'm concerned about the remediation of any dog orders if they exist, but again, I want her gone September 1.

Here's what I'm thinking about: Let her out early on the condition she leaves on August 31, but leave her on the hook for the September rent unless I find another tenant. If I find another tenant, give her SD back less any damages. In effect, I'd let her out of her lease commitment 15 days early, but as long as September rent is covered, I'd have no problem returning the SD. Thoughts on this? --207.172.xx.x




ADVICE: EARLY TERMINATIO (by BillS [CO]) Posted on: Aug 7, 2014 5:25 PM
Message:

Have her pay Sept rent and you refund what is not used. If she will go for that I would be surprised. Really it's about getting as much as you need to minimize losses. --75.160.xxx.xxx




ADVICE: EARLY TERMINATIO (by GKARL [PA]) Posted on: Aug 7, 2014 6:08 PM
Message:

She could attempt to short pay August or not pay September at all, but I'd have recourse in court. The challenge would be collecting, but I know where she works. I don't want to threaten at this point, but I could get a judgement, affect her credit and ability to get an apartment down the road. I'm thinking she doesn't have that much of a choice, but for me all of that takes time and I'm out of cash flow in the interim.

Some suggested getting the first, last and security from new tenants and I may have to do this to avoid this situation in the future. --207.172.xx.x




ADVICE: EARLY TERMINATIO (by Suzanne [NV]) Posted on: Aug 7, 2014 7:25 PM
Message:

This goes along with the Service Animal thread....what is the legal definition of a " therapy dog"? Who qualifies for a therapy dog, and who declares you in need of a therapy dog? Is that declaration in writing and is it issued by a Physician or what ? There are other laws on the books, for instance Family Medical Leave Act, where the employee in that case has to get annual certification from their medical provider to remain covered under the FMLA law, who certifies for a therapy dog....is it a one time certification or must it be renewed? Oh, and then there's the other latest scam, a Companion Animal? Should I start asking the same questions all over again? I'm exhausted! --72.193.xx.xxx




ADVICE: EARLY TERMINATIO (by GKARL [PA]) Posted on: Aug 7, 2014 8:02 PM
Message:

In my case, she did produce a letter from a psychiatrist saying that her son had ADD and that a dog recommended for him. As I've mentioned in other discussion strings, for my tenant pool, a m2m lease deals with all of this sort of stuff. I like the idea of terminating without having to go to court or provide a bunch of reasons. I have a no pet policy and want to keep it that way. --207.172.xx.x




ADVICE: EARLY TERMINATIO (by Barb [MO]) Posted on: Aug 7, 2014 8:54 PM
Message:

You need the Early Lease Termination fee in your lease!

That said, get her out ASAP and use the security deposit to clean and fix, especially after the dog. Tell her you need a full months notice, and since it is after the first of the month, you'll likely have to charge her for September.

Also tell her that you would like to get her security deposit back to her, and the following is required.

List all the cleaning that needs to be done after many move outs. Examples include windows, blinds or curtains, baseboards, door frames, tops of windows, stove, refrigerator, including pulling out and cleaning behind both, etc. Also, since she has the dog and you must ensure the carpet is fully clean, you need to check the condition. Make sure there are no holes or chew spots, then give her the name of your preferred carpet cleaning company, and say that if she gets them in herself after all her things are out, assuming no damage to the carpet, and gives you the receipt, you won't have to bill her for it and it might be less expensive if she has a coupon.

Good luck! --216.229.xx.xxx




ADVICE: EARLY TERMINATIO (by Vee [OH]) Posted on: Aug 8, 2014 6:08 AM
Message:

If the dog in fact came into the premises be sure to use a pro exterminator for flea treatment, this is part of what pet registration is about besides the vet records showing shots and most vets now include a photo, adult size, breed makeup which is what my insurance requires - bad breed means landlord hardship and this has saved me a few times.

Treat the damage deposit the same as anyone else, deduct cleaning of walls, cabinets, windows, floors and fixtures just as the movein photo set will show. --75.94.xxx.xxx




ADVICE: EARLY TERMINATIO (by BRAD 20,000 [IN]) Posted on: Aug 8, 2014 11:40 AM
Message:

GKarl,

If you want her out and she wants to go, let her go.

Slant these decisions in your favor.

If you let her go you cannot make her responsible for rent after you release her.

Hold the deposit until fully moved out ans you have thoroughly inspected. NEVER write a deposit refund check on the spot. NEVER!

Tip: we're being hammered with summertime fleas. While the pet is in the home and takes an oil or pill for fleas, once the animal leaves there is nothing in place to stop the fleas. They will go crazy about 2 days after move out. --67.175.xx.xxx





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